Pelham New Hampshire Construction Expert Witness Directory

Appeals Court Upholds Skanska, Granite Win in ‘I-4 Ultimate’ JV Dispute

June 15, 2026 — Bryan Gottlieb - Engineering News-Record
A federal appeals court has upheld a lower court’s decision requiring The Lane Construction Corp. to pay roughly $79 million in damages, plus interest, to joint venture partners Skanska USA Civil Southeast and Granite Construction for work on Florida’s I-4 Ultimate highway megaproject in Orlando, which was completed in 2022. Read the full story...
Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
Mr. Gottlieb may be contacted at gottliebb@enr.com

What Is the Independent Tort Doctrine? New Case Explains…

August 24, 2026 — David Adelstein - Florida Construction Legal Updates
Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important legal doctrine, particularly when parties are in contractual privity. This doctrine stands for the proposition that tort claims must be independent of any breach of contract. See Atout, supra. The Sixth District’s extensive discussion analyzed the indicators to determine this “independence,” which may arise from the source of the duty, the asserted conduct, the damages sought, or even public policy: Unlike claims that rely on contractual relationships, an “independent” tort is often characterized by a duty imposed by law rather than by agreement. As to this consideration, United States District Court Judge Steven Merryday has explained that the independent tort doctrine honors the same divide as the economic loss rule, but rather than looking at the nature of the loss, it focuses on the source of the duty allegedly breached. “If a contract imposes a duty, and the defendant breaches that duty, the plaintiff must sue for breach of contract. If society imposes the duty, the plaintiff must sue in tort.” Following this reasoning, courts should consider whether the alleged breach of a duty in tort coincides or overlaps with a duty imposed by a contract. If the duty at issue is within the scope of a contract, and the relationship of the parties that led to the creation of that duty stems from a contract, then that duty’s source is from contract and any alleged tort claims based on a breach of those duties may not be “independent.” Read the full story...
Reprinted courtesy of David Adelstein, Kirwin Norris
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Agent Not Liable for Loss Given Insured’s Vague Instructions for Coverage

April 08, 2026 — Tred R. Eyerly - Insurance Law Hawaii
The Illinois Appellate Court affirmed the district court’s grant of summary judgment to the insured’s agent because there was no breach of duty. Jon Van Order v. Hauk, et al., 2025 Ill. App. Unpub. LEXIS 2378 (Ill. Ct. App. Dec. 23, 2025). The insured began renovating a vacant home in October 2018. He met with agent Joseph Hauk and explained the property was vacant and would be going through renovations for the next several months. Hauk then procured a policy through Shelter Insurance Company insuring the vacant property against several specified perils. The policy provided coverage for water damage if “[t]he exterior of the building sustained a covered loss” and “that loss created an opening through which the water entered.” Damage caused by escaping water from within a plumbing system was excluded if: (1) the damage was caused by a “continuous or repeated leakage over a period of fourteen days or more” or (2) the insured premises had been vacant for 30 consecutive days immediately preceding the loss. Read the full story...
Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Sixth Circuit Revives Builder’s Risk Coverage, Refusing to Let Insurer Escape on a Technicality

July 27, 2026 — Kevin V. Small & Adriana A. Perez - Hunton Insurance Recovery Blog
In 3371 Reading, LLC v. Liberty Mutual Group, the Sixth Circuit did something courts do not always do in coverage disputes: it refused to let an insurer avoid liability based on a technical policy condition that could never actually be satisfied. The decision is a straightforward reminder of two core principles. First, policies must be interpreted from the standpoint of a reasonably prudent insured. Second, hyper-technical conditions cannot be used to deny coverage where compliance is never possible. Reprinted courtesy of Kevin V. Small, Hunton Andrews Kurth LLP and Adriana A. Perez, Hunton Andrews Kurth LLP Mr. Small may be contacted at ksmall@hunton.com Ms. Perez may be contacted at pereza@hunton.com Read the full story...

Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

July 06, 2026 — Richard Korman - Engineering News-Record
Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. Read the full story...
Reprinted courtesy of Richard Korman, Engineering News-Record
Mr. Korman may be contacted at kormanr@enr.com

"Resilient Rebuild Hub" Helps Wildfire-Impacted Homeowners Build Back Stronger

September 21, 2026 — California Nevada Cement Association
NEWPORT BEACH, Calif., Sept. 21, 2026 /PRNewswire/ -- When homeowners in a fire-ravaged Pacific Palisades neighborhood banded together last year to rebuild with fire-hardened materials rather than standard wood framing, they weren't just rebuilding houses: they were rewriting the playbook for how California communities can rebuild after wildfire. Today, the Building with Resilience effort is making that playbook available to every homeowner facing the same decision with the launch of its new Resilient Rebuild Hub for exploring fire resistant, non-combustible construction options. The Resilient Rebuild Hub helps homeowners understand options for fire-resistant, concrete-based construction and connect with architects, engineers, and contractors who can build them. This includes six noncombustible building systems:

Insulated Concrete Forms (ICF): stackable, high-density foam blocks filled with concrete which save 20-50% on monthly heating and cooling costs, reduce outside noise by up to 80%, offer exceptional earthquake performance and 4-hour fire resistance rating.
Insulated Composite Concrete Forms (ICCF): similar formwork to ICF construction with composite materials that enhance strength, simplify installation, and improve long-term performance.
Concrete Masonry: strong, durable wall systems used for decades across California and the U.S.
Precast Insulated Sandwich Panels: a complete building enclosure system consisting of two layers of concrete separated by a continuous layer of rigid insulation.
3D Shotcrete: air-sprayed concrete for strong, fast, and versatile wall systems that enable a high degree of artistic freedom together with unparalleled fire resistance.
3D Concrete Printing: the cutting edge of residential construction, a large-scale robotic 3D printer "squeezes" a specialized concrete mixture layer by layer to allow for organic, curved designs that are often too expensive or impossible to build with traditional methods. The Resilient Rebuild Hub is available now at buildingwithresilience.com/how-to-build. Each part is free to access and includes case studies, technical resources, and a directory of architects, engineers, and contractors experienced in each building method. CNCA is a not-for-profit organization committed to developing sustainable and economical construction solutions for California and Nevada with an emphasis on the use of cement and concrete. For more information, visit www.cncement.org. CalCIMA is a trade association for the construction and essential mineral industries in California, including aggregate, essential and rare earth minerals, ready mixed concrete, and asphalt producers. In all, there are about 70 producer member companies that include 500 production sites in every county of California. Our members also include more than 100 suppliers and service providers to the industry. Founded in 1930, the National Ready Mixed Concrete Association (NRMCA) is the leading industry advocate with a mission to provide exceptional value for our members by responsibly representing and serving the entire ready mixed concrete industry through leadership, promotion, education and partnering to ensure ready mixed concrete is the building material of choice.
Louisiana Enacts Important Tort Reform Legislation
May 12, 2026 — Lee M. Peacocke & Benjamin Perkins - Lewis Brisbois
The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...
Not Every Job Is Worth Winning: Contract Risk Questions Contractors Should Ask Before They Bid
September 29, 2026 — Jack Mayo - ConsensusDocs
Introduction Winning the work is not the same as winning the project, at least financially. Consider a contractor that commits to procure custom or long-lead materials before receiving complete construction documents. Depending on the language of the contract, if the final design is altered after those materials have been ordered, the contractor may be left responsible for replacement costs, procurement delays, or both. Alternatively, a subcontractor that accepts a pay-if-paid provision without investigating the owner’s financing, or prematurely waives lien rights, potentially risks nonpayment for properly performed work. Such concessions can quickly transform an apparently profitable project into a significant financial burden. A successful bid can therefore become an unsuccessful project if the contractor accepts contractual “red flags” without evaluating their consequences and the long-term financial impacts that they may have. The significance of each risk will depend on the project, the parties, the proposed contract, applicable law, and the contractor’s business objectives. Although not comprehensive, this article identifies several key considerations for that process to help mitigate certain risks. Read the full story...
Reprinted courtesy of Jack Mayo, Jones Walker LLP
Mr. Mayo may be contacted at jmayo@joneswalker.com

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